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Jeffrey Day Case

Attorney Dwight Brannon of the Brannon Law Firm, and Attorney Michael Wright of Wright & Schulte LLC have filed a complaint in Federal Court against the Montgomery County Sheriff’s office, Sgt. Kim Delong of the Trotwood Police Department and others for horrible mistreatment of Jeffrey Day on the date of November 26, 2015. On that date, Mr. Day was involved in a motor vehicle accident which left him with a fractured pelvis, which is a serious medical injury requiring immediate emergency medical attention. Despite this pressing medical injury and despite the fact that Mr. Day was in extreme pain, the officers responding to the accident offered no proper medical help to Mr. Day. Instead, the officers wrongfully and maliciously arrested Mr. Day, taking him to the Montgomery County Jail, where he was kept for five days without any medical treatment On his arrival at the jail, Mr. Day was forced to walk into the jail with a fractured pelvis and was not even provided a wheelchair for several hours. He was then seen by an EMT and complained that he was unable to place weight on his right leg and was in severe pain. He was then placed in a psychiatric cell and provided a lower bunk. The day after his arrest, Mr. Day sent a request asking to see medical because he was in severe pain. That request was never honored. he various law enforcement officials completely disregarded Mr. Day’s constant pain and his obvious need for any medical treatment. When Mr. Day was finally released from the Montgomery County Jail, he immediately proceeded to the hospital, where he was diagnosed with a fractured pelvis and underwent surgery to repair the fracture that very day

This behavior on the part of the Trotwood Police Officers and the law enforcement and medical officials at the Montgomery County Jail is particularly alarming for two reasons.

First, the arrest of Mr. Day was malicious and wrongful. The Trotwood police ultimately charged Mr. Day with ‘obstructing official business’, which is a second degree misdemeanor. To act as though confining Mr. Day in jail was matter of utmost importance, going so far as to keep Mr. Day in jail for five days, completely disregarding his serious medical needs, is shocking. To prioritize keeping someone charged with a second degree misdemeanor in jail over that someone’s clear need for emergency medical treatment is a dangerous misalignment of values.

Second, the lack of proper medical treatment seriously threatened Mr. Day’s health and wellbeing. A fractured pelvis is a serious medical injury, which requires immediate medical treatment in the effort to both heal the current injury and prevent future complications. By denying Mr. Day that immediate treatment, the Trotwood police and law enforcement and medical officials at the Montgomery County Jail kept Mr. Day in extreme pain for five days, preventing him from receiving even the most basic of care for his injury. Additionally, because Mr. Day did not receive the proper, immediate care, his future health was threatened as well. When Mr. Day did finally get to a hospital, he required immediate surgery to try and fix the issue and prevent additional problems. Mr. Day’s recovery time from the injury was longer than it should have been, causing his pain and disability to persist. These actions and the denial of any medical care put Mr. Day in continued pain, disability, and threatened his health.

Surveillance footage from the Montgomery County Jail from the day of the accident and arrest has been recovered. The footage clearly shows Mr. Day arriving at the jail at 1:39 a.m. on November 27, 2015, struggling with the pain and agony of his fractured pelvis. In the various clips, Mr. Day is made to walk from the police vehicle to the entrance of the jail. His pace is obviously slow and difficult, and he requires assistance and guidance from an officer. He is further made to move about the booking room all on his own. In all the clips, it is obvious and clear that Mr. Day is in severe pain, is barely able to move, and is in need of assistance and aid. Mr. Day is finally offered a wheelchair at 5:55 a.m. according to the video surveillance tapes.